High Court Kerala High Court

The Branch Manager vs E.K.Abdul Rahiman on 18 November, 2008

Kerala High Court
The Branch Manager vs E.K.Abdul Rahiman on 18 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 515 of 2006()


1. THE BRANCH MANAGER,
                      ...  Petitioner

                        Vs



1. E.K.ABDUL RAHIMAN, S/O.MOHAMMED KUNHI,
                       ...       Respondent

                For Petitioner  :SRI.MATHEWS JACOB (SR.)

                For Respondent  :SRI.I.V.PRAMOD

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :18/11/2008

 O R D E R
         C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ.
                       -----------------------------------------
                             M.A.C.A No.515 of 2006
                       -----------------------------------------
                Dated this the 18th day of November , 2008

                                   JUDGMENT

Ramachandran Nair .J,

We have heard senior counsel appearing for the appellant and

counsel appearing for the respondent. The claim petition arises out of an

accident, which was caused by an unidentified car, when it hit the

motor cycle in which the respondent was travelling on the pillion. Since

the details of the car which hit the motor cycle and caused accident were

not known, the claim petition was filed before the M.A.C.T. under Section

166 of the Motor Vehicles Act (hereinafter referred to as the Act) against

the owner-cum-rider and insurer of the motorcycle. However, the

respondent/claimant filed a claim petition under Section 166 of the Act,

the M.A.C.T. found that the above said petition as one not maintainable

and therefore rejected the same with a direction to the

respondent/claimant to file the claim under Section 163 A of the Act. So

the respondent/claimant sought for conversion of the claim petition to one

under Section 163 A of the Act, and the same was dismissed by the

M.A.C.T. Without mentioning the earlier proceedings another claim

petition was filed by the respondent/claimant under Section 163 A of the

Act which was allowed by the M.A.C.T. by the impugned award.

The counsel for the appellant pointed out that a claim under Section

M.A.C.A. No. 515 of 2006 -2-

163 A is not maintainable because this is a fit case for claiming benefit

under Section 163 of the Act . However, it is not known whether the

Central Government has implemented any scheme under Section 163

entitling the respondent/claimant to claim benefit . Event though we find

that it was improper for the respondent/claimant to file a fresh claim

petition without mentioning the filing of an earlier claim petition and

rejection of the same, we still feel the respondent/claimant should not be

declined relief because even under Section 140 of the Act, he is entitled

to compensation upto a fixed sum of Rs. 25,000/- for permanent disability

The Medical Board have certified 40% disability for the injury and fracture

sustained to his left femur. Even though disability is not of the type

referred to under Section 142, we still feel, since there is partial disability

which was treated by the M.A.CT. as permanent in nature, he is entitled to

a compensation of only Rs. 25,000/- . Accordingly we allow this appeal in

part by modifying the award by reducing the compensation by

Rs. 25,000/-.

(C.N.RAMACHANDRAN NAIR,JUDGE)

(HARUN-UL-RASHID, JUDGE)
es.

C.N.RAMACHANDRAN NAIR
&
HARUN-UL-RASHID, JJ.

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M.A.C.A. No. 515 of 2006

—————————-

JUDGMENT

18st November, 2008